Wal-Mart wants to limit areas of dispute

Opposition group says all of North Whitehall plan should be examined.

The attorneys for Wal-Mart and its opponents sparred at a North Whitehall Township hearing over the scope of questioning and testimony being offered on the developer's proposed project.

Wal-Mart plans to install a planned commercial development, including a Wal-Mart Supercenter, at Route 309 and Levans Road. Such a development is permitted only by conditional use and a hearing on the matter before township supervisors is required. Testimony continued for the second time Wednesday.

Attorney Joseph Bubba, who represents Wal-Mart, filed a motion with the supervisors asking to limit the scope of the hearing. A couple of months ago, the township Planning Commission reviewed Wal-Mart's request for a planned commercial development and recommended its approval. The issue has broadened now that the matter is before township supervisors.

"I think the difference is that the Planning Commission recognized the early stage we are at," Bubba said.

Bubba has argued that the purpose of the hearing is for supervisors to consider the proposed commercial use of the land and not to consider specific details such as traffic, sewage and storm water that are required during review of Wal-Mart's subdivision and land development plans.

Attorney Thomas Dinkelacker, who represents the citizens group North Whitehall for Sustainable Development, disagrees. He argued that traffic concerns are inherently connected to the proposed use of the property and that the township ordinance requires developers to address traffic congestion and hazards.

Bubba has said Wal-Mart is not required to present traffic information until its land development plans come under township review. Those plans are currently tabled as the hearing proceeds.

Solicitor Lisa Young, who represents the township, told both attorneys to submit briefs arguing whether or not to limit the scope of testimony. She said the Board of Supervisors would decide the weight of the testimony after it has concluded.

Sarah Fulton is a freelance writer.

WAL-MART PLANS

What: North Whitehall Township has been holding conditional use hearings on Wal-Mart's plans to build a Supercenter and other retail outlets on Route 309.

The latest: Supervisors asked attorneys for Wal-Mart and opposing residents to file briefs on whether concerns about traffic, storm water and sewage can be raised at hearing.